Norat Mal vs. State

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Appeal No. 63/2021

• 1. Norat Mal S/o Mangi Lal, Aged About 55 Years, R/o Thanvla Police Station Thanvla, Dist. Nagaur. (At Present Lodged In Sub Jail, Merta).
• 2. Chhoti Devi W/o Norat Mal, Aged About 52 Years, R/o Thanvla Police Station Thanvla, Dist. Nagaur. (At Present Lodged In Sub Jail, Merta).

----Appellants

• 1. State, Through Pp
• 2. Gopal S/o Champa Lal, B/c Bavari, R/o Thanvla Police Station Thanvla, Dist. Nagaur.

Versus

----Respondents

For Appellant(s) : Mr. Ravindra Acharya For Respondent(s) : Mr. Mukesh Trivedi, P.P.

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

05/02/2021

Heard learned counsel for the appellants and learned Public Prosecutor and perused the material available on record.

Learned Public Prosecutor has placed on record the report received from the SHO, Police Station Thanvla, District Nagaur, which indicates that fervent efforts were made to serve the notice on the complainant. However, the Investigating Officer was communicated that the lawyer concerned has advised the complainant not to receive the notices. Thereafter, the notice was pasted on the complainant's house. Thus, it is presumed that the complainant has been notified of this appeal (bail).

The instant appeal has been filed under Section 14-A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with F.I.R. No.204/2019 registered at the Police Station Thanvla, District Nagaur for the offences under Sections 336, 308/34 IPC and Sections 3(1)(R)(S) and 2(Va) of the SC/ST Act against the order dated 12.01.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Case, Merta in Criminal Misc. Case No.08/2021, whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

The investigation is complete. The charge-sheet has been filed against the appellants for the offences under Sections 336, 325/34 IPC and Section 3(i)(R)(S) and 2 (Va) of the SC/ST Act. The trial court has taken cognizance for the offence under Section 308 IPC.

Having regard to the entirety of facts and circumstances as available on record, but without commenting on the merits of the case, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellants cannot be sustained and the appellants deserve indulgence of bail during the pendency of the appeal.

Consequently, the instant appeal is allowed. The impugned order dated 12.01.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Case, Merta in Criminal Misc. Case No.8/2021 is set aside. It is ordered that the accusedappellants Norat Mal S/o Mangi Lal and Chhoti Devi W/o Norat Mal arrested in connection with F.I.R. No. 204/2019 registered at the

Police Station Thanvla, District Nagaur shall be released on bail; provided each of them furnishes a personal bond of Rs.50,000/ and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.